Miscarriages Of Justice

Question 1

What is a miscarriage of justice?

Answer 1

When an innocent person is convicted of a crime they did not commit.

Question 2

What year were the Turnbull guidelines introduced?

Answer 2

1977. They provided judicial guidance as to how identification evidence should be handled in court

Question 3

What did the Turnbull guidelines suggest?

Answer 3

They provide a warning to juries based on disputed identification evidence.
They highlight the importance of the circumstances where identification took place( how long, lighting, stranger or known person
A convincing witness can be mistaken

Question 4

What acts were implemented to reduce the number of miscarriages of justice?

Answer 4

PACE 1984

Prosecution of Offences Act 1985( POA 1985)

Question 5

What was the Birmingham 6 case about?

Answer 5

2 pub bombings that left 21 people dead.

Question 6

Who was Stefan Kiszko?

Answer 6

Accused of murder and sexual assault of a young girl. He served 16 years for a crime he didn’t commit and died shortly after being released. He was denied a solicitor, evidence from lying teenagers was used and his mental state thought by agreeing to the murder he would be allowed to go home.

Question 7

Who were the Cardiff three?

Answer 7

The brutal stabbing of a young female sex worker. even though none of their DNA matched any at the crime scene they were found guilty, but cleared two years later. The police officers were put on trial for the abuse and the way they handled the case.

Question 8

Who was Stephen Downing?

Answer 8

Was imprisoned for 27 years for the sexual assault and murder of legal secretary , Wendy Sewell. He had learning disabilities and was interrogated for 9 hours without a solicitor.

Question 9

Who was Angela Canning?

Answer 9

She was wrongfully accused of the murders of her two baby sons who had died of SIDS. This was based on the evidence provided by Roy Meadows who was struck off.

Question 10

What was the earliest recorded case of misidentification about?

Answer 10

Adolfo Beck trial for fraud 1896.
Beck was arrested twice and identified by females as being the fraudster and was convicted. Whilst in prison awaiting sentence the real trickster, John Smith struck again but this time was arrested. The females then confirmed that the man was John Smith and not beck.

This case was important for progressing the Court of Criminal Appeal in 1907

Question 11

When can appeals happen?

Answer 11

When there is new evidence - they generally aren’t allowed for the convicted to protest their innocence.

Question 12

What is the consequence of accepting a caution?

Answer 12

The individual will have a criminal record

Question 13

What is a PND and what is the benefit to a caution?

Answer 13

Penalty notice for disorder for minor crimes such as smoking cannabis, littering etc. The fine is between 50-80 but it will not go on a criminal record.
It is meant to free up police time by dealing with low level crime out of courts.

Question 14

Why do innocent people plead guilty?

Answer 14

They may be persuaded that they committed the crime
Bullies and pressured into admitting guilt
Taking the guilt to protect another
Acting tactically

Question 15

Why does the sentencing guidelines council have a sliding scale with a guilty plea attracting a third of the sentence?

Answer 15

It saves the court time.
It saves witnesses, including victims the anxiety of giving evidence in court- especially when vulnerable or sensitive such as sexual offences.
It may offer an incentive to the innocent if the court are considering a custodial or non custodial sentence.early guilt please make it easier to get a non custodial sentence- giving a strong incentive to plead guilty.

Question 16

What is the incentive for an under 18 to take an early plea?

Answer 16

Under s1 of the Youth Justice and Criminal Evidence Act 1999, allows a first timer faced with prosecution to be diverted out of court for sentencing purposes.
The offenders who plead guilty meet with a youth offender panel and will be charged with agreeing an enforceable contract with the offender. If the contract is fulfilled, then the conviction is regarded as spent and won’t have a criminal record.
Therefore many who are innocent would rather go through this than claim their innocence.

Question 17

Why would a person make a guilty plea to avoid crown court?

Answer 17

For triable either way offences, a magistrate must enquire of the defendants likely plea. If guilty plea, the magistrate will move to a summary trial- which has lower sentencing powers than the crown court.

Question 18

What is charge bargaining?

Answer 18

Agreeing to plead guilty to a lesser charge rather than face trial for a more serious charge.

Question 19

What is fact bargaining?

Answer 19

The accused might agree to plead guilty if certain facts are agreed. I.e., only agreeing to one offence instead of three.

Question 20

What is a plea in mitigation?

Answer 20

If the accused pleads guilty they can make a plea of mitigation- this allows the accused to show any remorse which is more persuasive than if followed by a guilty plea.

Question 21

Is a denial of murder beneficial to the accused?

Answer 21

No, if they have shown remorse and what to reform they are more likely to be considered suitable for release on licence.

Question 22

What are some of the factors of miscarriage of justice?

Answer 22

Evidence not disclosed to the defence
Dubious confession evidence
Alibi evidence
Police malpractice
Mistakes by the defence lawyers at trial
Complaints made about trial judge
Work of supported to keep the case alive